BILL NUMBER: AB 2697	CHAPTERED  09/01/00

	CHAPTER   277
	FILED WITH SECRETARY OF STATE   SEPTEMBER 1, 2000
	APPROVED BY GOVERNOR   AUGUST 31, 2000
	PASSED THE ASSEMBLY   AUGUST 21, 2000
	PASSED THE SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   AUGUST 8, 2000
	AMENDED IN ASSEMBLY   APRIL 25, 2000
	AMENDED IN ASSEMBLY   APRIL 3, 2000

INTRODUCED BY   Assembly Member Cardoza

                        FEBRUARY 25, 2000

   An act to amend Sections  113, 3300, 3306, 3325, 3326, 3327,
3327.5, 3328, 3329, 3330, 3350, 3352, 3353, 3354, 3356, 3357, 3358,
3360, 3362, 3364, 3400, 3401, 3402, 3403, 3404, 3421, 3422, 3423,
3424, 3426, 3430, 3451, 3452, 3454, 3455, and 3456 of, to amend,
renumber, and add Section 3321 of, and to repeal Sections 3301, 3302,
3303, 3304, 3305, 3305.5, 3322, and 3323 of, the Business and
Professions Code, relating to hearing aid dispensers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2697, Cardoza.  Hearing aid dispensers.
   The Hearing Aid Dispensers Licensing Law provides for the Director
of Consumer Affairs to administer the licensing and regulatory laws
governing hearing aid dispensers.  Existing law also establishes the
Hearing Aid Dispensers Advisory Commission, with specified members
appointed by the Governor and the Legislature.  The commission is
authorized to perform those duties and functions that have been
delegated to the commission by the director.
   This bill would create the Hearing Aid Dispensers Bureau within
the Department of Consumer Affairs to administer these provisions,
which would be under the supervision and control of the director.
This bill would provide for the Governor to appoint a chief of the
bureau who would serve at the pleasure of the Governor.  This bill
would specify that the chief is responsible to the director and that
the chief's salary would be determined by the director, subject to
approval by the Director of Finance.  This bill would reconstitute
the commission as the Hearing Aid Dispensers Advisory Committee,
which would make certain recommendations with respect to the
functions and policies of the bureau.
   This bill would delete references to the Division of Licensing of
the Medical Board of California and would make various other related
technical changes to these provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 113 of the Business and Professions Code is
amended to read:
   113.  Upon recommendation of the director, officers, and employees
of the department, and the officers, members, and employees of the
boards, committees, and commissions comprising it or subject to its
jurisdiction may confer, in this State or elsewhere, with officers or
employees of this State, its political subdivisions, other States,
or the United States, or with other persons, associations, or
organizations as may be of assistance to the department, board,
committee, or commission in the conduct of its work.  The officers,
members and employees shall be entitled to their actual traveling
expenses incurred in pursuance hereof, but when  these expenses are
incurred with respect to travel outside of the State, they shall be
subject to the approval of the Governor and the Director of Finance.

  SEC. 2.  Section 3300 of the Business and Professions Code is
amended to read:
   3300.  For the purposes of this chapter, the following definitions
shall apply:
   (a) "Person" includes any individual, partnership, corporation,
limited liability company, or other organization, or any combination
thereof.
   (b) "Advertise" and its variants include the use of a newspaper,
magazine, or other publication, book, notice, circular, pamphlet,
letter, handbill, poster, bill, sign, placard, card, label, tag,
window display, store sign, radio, or television announcement, or any
other means or methods now or hereafter employed to bring to the
attention of the public the practice of fitting or selling of hearing
aids.
   (c) "Department" means the Department of Consumer Affairs.
   (d) "Bureau" means the Hearing Aid Dispensers Bureau.
   (e) "Advisory committee" or "committee" means the Hearing Aid
Dispensers Advisory Committee.
   (f) "License" includes a temporary license.
   (g) "Licensee" means a person holding a license.
   (h) "Hearing aid" means any wearable instrument or device designed
for, or offered for the purpose of, aiding or compensating for
impaired human hearing.
   (i) "Director" means the Director of Consumer Affairs.
   (j) "Chief" means the Chief of the Hearing Aid Dispensers Bureau.

  SEC. 3.  Section 3301 of the Business and Professions Code is
repealed.
  SEC. 4.  Section 3302 of the Business and Professions Code is
repealed.
  SEC. 5.  Section 3303 of the Business and Professions Code is
repealed.
  SEC. 6.  Section 3304 of the Business and Professions Code is
repealed.
  SEC. 7.  Section 3305 of the Business and Professions Code is
repealed.
  SEC. 8.  Section 3305.5 of the Business and Professions Code is
repealed.
  SEC. 9.  Section 3306 of the Business and Professions Code is
amended to read:
   3306.  (a) "Practice of fitting or selling hearing aids," as used
in this chapter, means those practices used for the purpose of
selection and adaptation of hearing aids, including direct
observation of the ear, testing of hearing in connection with the
fitting and selling of hearing aids, taking of ear mold impressions,
fitting or sale of hearing aids, and any necessary postfitting
counseling.
   The practice of selling hearing aids does not include the act of
concluding the transaction by a retail clerk.
   When any audiometer or other equipment is used in the practice of
fitting or selling hearing aids, it shall be kept properly calibrated
and in good working condition, and the calibration of the audiometer
or other equipment shall be checked at least annually.
   (b) A hearing aid dispenser shall not conduct diagnostic hearing
tests when conducting tests in connection with the fitting or selling
of hearing aids.
   (c) Hearing tests conducted pursuant to this chapter shall include
those that are in compliance with the Food and Drug Administration
Guidelines for Hearing Aid Devices and those that are specifically
covered in the licensing examination prepared and administered by the
bureau.
  SEC. 10.  Section 3321 of the Business and Professions Code is
amended and renumbered to read:
   3320.  (a) There is within the jurisdiction of the department the
Hearing Aid Dispensers Bureau.  The bureau is under the supervision
and control of the director.  The duty of enforcing and administering
this chapter is vested in the chief, who is responsible to the
director. The director may adopt and enforce those rules and
regulations that he or she determines are reasonably necessary to
carry out the purposes of this chapter and to declare the policy of
the bureau, including a system for the issuance of citations for
violations of this chapter as specified in Section 125.9.  These
rules and regulations shall be adopted pursuant to Chapter 4.5
(commencing with Section 11400) of Part 1 of Division 3 of Title 2 of
the Government Code.
   (b) The  Governor shall appoint a chief of the bureau, at a salary
to be fixed and determined by the director with the approval of the
Director of Finance.  The chief shall serve under the direction and
supervision of the director and at the pleasure of the Governor.
  SEC. 11.  Section 3321 is added to the Business and Professions
Code, to read:
   3321.  (a) There is within the bureau a Hearing Aid Dispensers
Advisory Committee.  The committee shall consist of seven members;
three of whom shall be licensed hearing aid dispensers and four of
whom shall be public members.  Only one of the licensed members may
also be licensed as an audiologist.
   (b) Each member of the committee shall hold office for a term of
four years.  Each member shall hold office until the appointment and
qualification of his or her successor or until one year shall have
elapsed since the expiration of the term for which he or she was
appointed, whichever first occurs.
   (c) Vacancies occurring shall be filled by appointment for the
unexpired term.  Each member of the committee shall be eligible for
reappointment in the discretion of the appointing power, provided
that reappointed members shall, at the time of the reappointment,
hold a valid license under this chapter.  No person may serve as a
member of the committee for more than two consecutive terms.
   (d) The Governor shall appoint two of the public members and the
three licensees.  The Senate Committee on Rules and the Speaker of
the Assembly shall each appoint a public member.  When appointing the
public members, consideration shall be given to appointing a
hearing-impaired individual.
   (e) Every member of the committee shall receive per diem and
expenses as provided in Section 103 and 113.
   (f) The advisory committee shall:
   (1) Examine the functions and policies of the bureau and make
recommendations with respect to policies, practices, and regulations
as may be deemed important and necessary by the director or the chief
to promote the interests of consumers or that otherwise promote the
welfare of the public.
   (2) Consider and make appropriate recommendations to the bureau in
all matters relating to hearing aid dispensing in this state.
   (3) Provide assistance as may be requested by the bureau in the
exercise of its powers or duties.
   (g) The bureau shall meet and consult with the committee regarding
general policy issues related to hearing aid dispensing.
  SEC. 12.  Section 3322 of the Business and Professions Code is
repealed.
  SEC. 13.  Section 3323 of the Business and Professions Code is
repealed.
  SEC. 14.  Section 3325 of the Business and Professions Code is
amended to read:
   3325.  Notice of each meeting of the committee shall be given in
accordance with the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Part 1 of Division 3 of Title 2 of
the Government Code).
  SEC. 15.  Section 3326 of the Business and Professions Code is
amended to read:
   3326.  The bureau shall keep a record of all prosecutions for
violations of this chapter and of all examinations held for
applicants for licenses together with the names and addresses of all
persons taking examinations and of their success or failure to pass
them.
  SEC. 16.  Section 3327 of the Business and Professions Code is
amended to read:
   3327.  The bureau may recommend the preparation of and
administration of a course of instruction concerned with the fitting
and selection of hearing aids.  The bureau may require that
prospective licensees shall first complete the required course of
instruction or otherwise satisfy the bureau that the licensee
possesses the necessary background and qualifications to fit or sell
hearing aids.  If the bureau promulgates regulations to implement
this section to require a course of instruction concerned with
fitting and selling hearing aids, it shall obtain the advice of
persons knowledgeable in the preparation and administration of a
course of instruction.
   The bureau may publish and distribute information concerning the
examination requirements for obtaining a license to engage in the
practice of fitting and selling hearing aids within this state.
  SEC. 17.  Section 3327.5 of the Business and Professions Code is
amended to read:
   3327.5.  All holders of licenses to sell or fit hearing aids shall
continue their education after receiving the license.  The bureau
shall provide by regulation, as a condition to the renewal of a
license, that licensees shall submit documentation satisfactory to
the bureau that they have informed themselves of current practices
related to the fitting of hearing aids by having pursued courses of
study satisfactory to the bureau or by other means defined as
equivalent by the bureau.
   Continuing education courses shall be subject to monitoring to
ensure compliance with the regulations adopted by the bureau pursuant
to this section.
  SEC. 18.  Section 3328 of the Business and Professions Code is
amended to read:
   3328.  The bureau may adopt, amend, or repeal, in accordance with
the provisions of the Administrative Procedure Act, regulations that
are necessary to enable the bureau to carry into effect the
provisions of law relating to the practice of fitting or selling
hearing aids.
  SEC. 19.  Section 3329 of the Business and Professions Code is
amended to read:
   3329.  (a) The bureau may prosecute any and all persons for any
violation of this chapter.
   (b) The director shall hear and decide all matters, including but
not limited to, any contested case or any petition for reinstatement
or modification of probation, or may assign any of those matters to
an administrative law judge in accordance with the Administrative
Procedure Act.  Except as otherwise provided in this chapter, all
hearings shall be conducted in accordance with Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code.
  SEC. 20.  Section 3330 of the Business and Professions Code is
amended to read:
   3330.  The bureau may employ the personnel necessary to administer
this chapter, other than personnel to perform inspections or
investigations, and may incur other expenses as are necessary for the
administration of this chapter.  All inspections or investigations
made pursuant to this chapter shall be made by personnel from the
Division of Investigation of the department.
  SEC. 21.  Section 3350 of the Business and Professions Code is
amended to read:
   3350.  It is unlawful for an individual to engage in the practice
of fitting or selling of hearing aids, or to display a sign or in any
other way to advertise or hold himself or herself out as being so
engaged without having first obtained a license from the bureau under
the provisions of this chapter.  Nothing in this chapter shall
prohibit a corporation, partnership, trust, association or other like
organization maintaining an established business address from
engaging in the business of fitting or selling, or offering for sale,
hearing aids at retail without a license, provided that any and all
fitting or selling of hearing aids is conducted by the individuals
who are licensed pursuant to the provisions of this chapter.  A
person whose license as a hearing aid dispenser has been suspended or
revoked shall not be the proprietor of a business that engages in
the fitting or selling of hearing aids nor shall that person be a
partner, shareholder, member, or fiduciary in a partnership,
corporation, association, or trust that maintains or operates that
business, during the period of the suspension or revocation.  This
restriction shall not apply to stock ownership in a corporation that
is listed on a stock exchange regulated by the Securities and
Exchange Commission if the stock is acquired in a transaction
conducted through that stock exchange.
  SEC. 22.  Section 3352 of the Business and Professions Code is
amended to read:
   3352.  Each person desiring to obtain a license to engage in the
practice of fitting or selling hearing aids shall make application to
the bureau.  The application shall be made upon a form and shall be
made in the manner as is provided by the bureau and shall be
accompanied by the fee provided for in Section 3456.
  SEC. 23.  Section 3353 of the Business and Professions Code is
amended to read:
   3353.  (a) The bureau shall prepare, approve, grade, and conduct
examinations of applicants for a hearing aid dispenser's license.
The bureau may provide that the preparation and grading of the
examination be conducted by a competent person or organization other
than the bureau, provided, however, that the bureau shall establish
the guidelines for the examination and shall approve the actual
examination.
   (b) Each applicant shall take and pass a written examination and a
practical examination compiled at the direction of the bureau
covering the critical tasks involved in the fitting and selling of
hearing aids and the knowledge, skills, and abilities needed to
perform those tasks safely and competently.
  SEC. 24.  Section 3354 of the Business and Professions Code is
amended to read:
   3354.  The bureau shall issue a license to all applicants who have
satisfied this chapter, who are at least 18 years of age, who
possess a high school diploma or its equivalent, who have not
committed acts or crimes constituting grounds for denial of licensure
under Section 480, and who have paid the fees provided for in
Section 3456.  No license shall be issued to any person other than an
individual.
  SEC. 25.  Section 3356 of the Business and Professions Code is
amended to read:
   3356.  (a) An applicant who has fulfilled the requirements of
Section 3352 and has made application therefor, may have a temporary
license issued to him or her upon satisfactory proof to the bureau
that the applicant holds a hearing aid dispenser's license in another
state, that the licensee has not been subject to formal disciplinary
action by another licensing authority, and that the applicant has
been engaged in the fitting and sale of hearing aids for the two
years immediately prior to application.
   (b) A temporary license issued pursuant to this section shall be
valid for one year from date of issuance and is not renewable.  A
temporary license shall automatically terminate upon issuance of a
license prior to expiration of the one-year period.
   (c) The holder of a temporary license issued pursuant to this
section who fails either license examination shall be subject to and
shall comply with the supervision requirements of Section 3357 and
any regulations adopted pursuant thereto.
  SEC. 26.  Section 3357 of the Business and Professions Code is
amended to read:
   3357.  (a) An applicant who has fulfilled the requirements of
Section 3352, and has made application therefor, and who proves to
the satisfaction of the bureau that he or she will be supervised and
trained by a hearing aid dispenser who is approved by the bureau may
have a temporary license issued to him or her.  The temporary license
shall entitle the temporary licensee to fit or sell hearing aids as
set forth in regulations of the bureau.  The supervising dispenser
shall be responsible for any acts or omissions committed by a
temporary licensee under his or her supervision that may constitute a
violation of this chapter.
   (b) The bureau shall adopt regulations setting forth criteria for
its refusal to approve a hearing aid dispenser to supervise a
temporary licensee, including procedures to appeal that decision.
   (c) A temporary license issued pursuant to this section is
effective and valid for six months from date of issue.  The bureau
may renew the temporary license for an additional period of six
months.  The bureau shall not issue more than two renewals of a
temporary license to any applicant.  If a temporary licensee who is
entitled to renew a temporary license does not renew the temporary
license and applies for a new temporary license at a later time, the
new temporary license shall only be issued and renewed subject to the
limitations set forth in this subdivision.
  SEC. 27.  Section 3358 of the Business and Professions Code is
amended to read:
   3358.  A temporary licensee under Section 3357 shall take the
license examination within the first 10 months after the temporary
license is issued.  Failure to take the license examination within
that time shall result in expiration of the temporary license, and it
shall not be renewed unless the temporary licensee has first taken
the licensure examination.  The bureau, however, may in its
discretion renew the temporary license if the licensee failed to take
the necessary examination due to illness or other hardship.
  SEC. 28.  Section 3360 of the Business and Professions Code is
amended to read:
   3360.  Practical examinations shall be held by the bureau at least
twice a year.  The time and place of any practical examination shall
be fixed by the bureau at least 45 days prior to the date it is to
be held.
  SEC. 29.  Section 3362 of the Business and Professions Code is
amended to read:
   3362.  (a) Before engaging in the practice of fitting or selling
hearing aids, each licensee shall notify the bureau in writing of the
address or addresses where he or she is to engage, or intends to
engage, in the fitting or selling of hearing aids, and of any changes
in his or her place of business.
   (b) If a street address is not the address at which the licensee
receives mail, the licensee shall also notify the bureau in writing
of the mailing address for each location where the licensee is to
engage, or intends to engage, in the fitting or selling of hearing
aids, and of any change in the mailing address of his or her place or
places of business.
  SEC. 30.  Section 3364 of the Business and Professions Code is
amended to read:
   3364.  (a) Every licensee who engages in the practice of fitting
or selling hearing aids shall have and maintain an established retail
business address to engage in such fitting or selling, routinely
open for service to customers or clients.  The address of the
licensee's place of business shall be registered with the bureau as
provided in Section 3362.
   (b) Except as provided in subdivision (c), if a licensee maintains
more than one place of business within this state he or she shall
apply for and procure a duplicate license for each branch office
maintained.  Such application shall state the name of the person and
the location of the place or places of business for which such
duplicate license is desired.
   (c) A hearing aid dispenser may, without obtaining a duplicate
license for a branch office, engage on a temporary basis in the
fitting or selling of hearing aids at the primary or branch location
of another licensee's business or at a location or facility which he
or she may use on a temporary basis, provided, that, such hearing aid
dispenser notifies the bureau in advance in writing of the dates and
addresses of those businesses, locations or facilities at which he
or she will engage in the fitting or selling of hearing aids.
  SEC. 31.  Section 3400 of the Business and Professions Code is
amended to read:
   3400.  Proceedings to deny, suspend, or revoke a license under
this chapter, shall be conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, and the bureau shall have all of the powers
granted therein.
  SEC. 32.  Section 3401 of the Business and Professions Code is
amended to read:
   3401.  The bureau may deny, issue subject to terms and conditions,
suspend, or revoke a license, or impose conditions of probation upon
a licensee, for any of the following causes:
   (a) Gross incompetency, which includes, but is not limited to, the
improper or unnecessary fitting of a hearing aid.
   (b) Gross negligence.
   (c) Repeated negligent acts.
   (d) Conviction of any crime substantially related to the
qualifications, functions, or duties of a hearing aid dispenser.
   (e) Obtaining a license by fraud or deceit.
   (f) Use of the term "doctor" or "physician" or "clinic" or
"audiologist," or any derivation thereof, except as authorized by
law.
   (g) Fraud or misrepresentation in the fitting or selling of a
hearing aid.
   (h) The employment, to perform any act covered by this chapter, of
any person whose license has been suspended, revoked, or who does
not possess a valid license issued under this chapter.
   (i) The use, or causing the use, of any advertising or promotional
literature in a manner that has the capacity or tendency to mislead
or deceive purchasers or prospective purchasers.
   (j) Habitual intemperance in the use of alcohol or any controlled
substance.
   (k) Permitting another to use his or her license for any purpose.

   (l) Violation of any provision of this chapter or of any
regulation adopted pursuant to this chapter.
   (m) Any cause that would be grounds for denial of an application
for a license.
   (n) Violation of Section 1689.6 or 1793.02 of the Civil Code.
  SEC. 33.  Section 3402 of the Business and Professions Code is
amended to read:
   3402.  Upon denial of an application for license, the bureau shall
notify the applicant in writing, stating (1) the reason for the
denial and (2) that the applicant has a right to a hearing under
Section 3400 if he or she makes written request therefor within 60
days after notice of denial.  Service of the notice required by this
section may be made by certified mail addressed to the applicant at
the latest address filed by the applicant in writing with the bureau
in his or her application or otherwise.
  SEC. 34.  Section 3403 of the Business and Professions Code is
amended to read:
   3403.  A plea or verdict of guilty or a conviction following a
plea of nolo contendere, made to a charge substantially related to
the qualifications, functions and duties of a hearing aid dispenser
is deemed to be a conviction within the meaning of this article.  The
bureau may order the license suspended or revoked, impose
probationary conditions on a licensee, or may decline to issue a
license, when the time for appeal has elapsed, or the judgment of
conviction has been affirmed on appeal or when an order granting
probation is made suspending the imposition of sentence, irrespective
of a subsequent order under the provisions of Section 1203.4 of the
Penal Code allowing such person to withdraw his or her plea of guilty
and to enter a plea of not guilty, or setting aside the verdict of
guilty, or dismissing the accusation, information or indictment.
  SEC. 35.  Section 3404 of the Business and Professions Code is
amended to read:
   3404.  Before setting aside the revocation or suspension of any
license or modifying the probation of any licensee, the bureau may
require the petitioner to pass the regular examination given for
applicants for licenses.
  SEC. 36.  Section 3421 of the Business and Professions Code is
amended to read:
   3421.  It is unlawful to sell or barter, or offer to sell or
barter, any license issued by the bureau.
  SEC. 37.  Section 3422 of the Business and Professions Code is
amended to read:
   3422.  It is unlawful to purchase or procure by barter any license
issued by the bureau with intent to use the same as evidence of the
holder's qualification to practice the fitting or selling of hearing
aids.
  SEC. 38.  Section 3423 of the Business and Professions Code is
amended to read:
   3423.  It is unlawful to alter with fraudulent intent in any
material regard a license issued by the bureau.
  SEC. 39.  Section 3424 of the Business and Professions Code is
amended to read:
   3424.  It is unlawful to use or attempt to use any license issued
by the bureau that has been purchased, fraudulently issued,
counterfeited, or materially altered as a valid license.
  SEC. 40.  Section 3426 of the Business and Professions Code is
amended to read:
   3426.  It is unlawful to willfully make any false statement in a
material regard in an application for an examination before the
bureau for a license.
  SEC. 41.  Section 3430 of the Business and Professions Code is
amended to read:
   3430.  In addition to other proceedings provided for in this
chapter, whenever any person has engaged, or is about to engage, in
any acts or practices which constitute, or will constitute, an
offense against this chapter, the superior court for the county
wherein the acts or practices take place or are about to take place,
may issue an injunction or other appropriate order, restraining such
conduct on application of the bureau, the Attorney General, or the
district attorney of the county.  If the acts or practices
constitute, or will constitute, an offense against Section 3306.5,
the application to the superior court may be made by the State Board
of Optometry.  The proceedings under this section shall be governed
by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of
the Code of Civil Procedure.
  SEC. 42.  Section 3451 of the Business and Professions Code is
amended to read:
   3451.  (a) A license issued under this chapter expires at midnight
on its assigned renewal date.
   (b) To renew an unexpired license, the licensee shall, on or
before the date of expiration of the license, apply for renewal on a
form provided by the bureau, accompanied by the prescribed renewal
fee.
   (c) Temporary license holders shall renew their licenses in
accordance with Section 3357, and apply for that renewal on a form
provided by the bureau, accompanied by the prescribed renewal fee for
temporary licenses.
   (d) Each duplicate license issued for a branch office shall expire
on the same date as the permanent license of the hearing aid
dispenser to whom the duplicate license was issued.  These duplicate
licenses shall be renewed according
           to subdivision (b).
  SEC. 43.  Section 3452 of the Business and Professions Code is
amended to read:
   3452.  Except as otherwise provided in this chapter, an expired
license may be renewed at any time within three years after its
expiration on filing of an application for renewal on a form
prescribed by the bureau, and payment of all accrued and unpaid
renewal fees.  If the license is renewed after its expiration the
licensee, as a condition precedent to renewal, shall also pay the
delinquency fee prescribed by this chapter.  Renewal under this
section shall be effective on the date on which the application is
filed, on the date on which the renewal fee is paid, or on the date
on which the delinquency fee, if any, is paid, whichever last occurs.
  If so renewed, the license shall continue in effect through the
date provided in Section 3451 which next occurs after the effective
date of the renewal, when it shall expire if it is not again renewed.

  SEC. 44.  Section 3454 of the Business and Professions Code is
amended to read:
   3454.  A license that is not renewed within three years after its
expiration may not be renewed, restored, reissued, or reinstated
thereafter, but the holder of the expired license may apply for and
obtain a new license if all of the following apply:
   (a) He or she has not committed acts or crimes constituting
grounds for denial of licensure under Section 480.
   (b) He or she pays all the fees that would be required of him or
her if he or she were then applying for a license for the first time.

   (c) He or she takes and passes the examination that would be
required of him or her if he or she were then applying for a license
for the first time, or otherwise establishes to the satisfaction of
the bureau that he or she is qualified to engage in the practice of
fitting or selling hearing aids.  The bureau may, by regulation,
provide for the waiver or refund of all or any part of the
application fee in those cases in which a license is issued without
an examination under this section.
  SEC. 45.  Section 3455 of the Business and Professions Code is
amended to read:
   3455.  There is established in the State Treasury the Hearing Aid
Dispensers Fund.  All fees collected pursuant to this chapter shall
be paid by the bureau into the fund.  All money in the Hearing Aid
Dispensers Fund is continuously appropriated to the bureau to carry
out the purposes of this chapter.
  SEC. 46.  Section 3456 of the Business and Professions Code is
amended to read:
   3456.  The amount of fees and penalties prescribed by this chapter
shall be those set forth in this section unless a lower fee is fixed
by the bureau:
   (a) The fee for applicants applying for the first time for a
license is seventy-five dollars ($75), which shall not be refunded,
except to applicants who are found to be ineligible to take an
examination for a license.  Those applicants are entitled to a refund
of fifty dollars ($50).
   (b) The fees for taking or retaking the written and practical
examinations shall be amounts fixed by the bureau, which shall be
equal to the actual cost of preparing, grading, analyzing, and
administering the examinations.
   (c) The initial temporary license fee is one hundred dollars
($100).  The fee for renewal of a temporary license is one hundred
dollars ($100) for each renewal.
   (d) The initial permanent license fee is two hundred eighty
dollars ($280).  The fee for renewal of a permanent license is not
more than two hundred eighty dollars ($280) for each renewal.
   (e) The initial branch office license fee is twenty-five dollars
($25).  The fee for renewal of a branch office license is twenty-five
dollars ($25) for each renewal.
   (f) The delinquency fee is twenty-five dollars ($25).
   (g) The fee for issuance of a replacement license upon loss of an
original license or upon change of name authorized by law of a person
holding a license under this chapter is twenty-five dollars ($25).
   (h) The continuing education course approval application fee is
fifty dollars ($50).  The fee for a continuing education course
transcript is ten dollars ($10).
   (i) The fee for official certification of licensure is fifteen
dollars ($15).  The fee for a license confirmation letter is ten
dollars ($10).
